A-56104, JUNE 25, 1934, 13 COMP. GEN. 464

A-56104, JUNE 25, 1934, 13 COMP. GEN. 464

PROPERTY - PRIVATE - DAMAGED IN THE MILITARY SERVICE ARTICLES OF PERSONAL PROPERTY ACQUIRED AFTER THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS MAY NOT BE INCLUDED IN THE AUTHORIZED CHANGE OF STATION ALLOWANCE OF BAGGAGE AND ARE NOT WITHIN THE CONTEMPLATION OF THE ACT OF MARCH 4, 1921, 41 STAT. 1436, PROVIDING FOR THE SETTLEMENT OF THE CLAIMS OF OFFICERS AND ENLISTED MEN OF THE ARMY FOR LOSS OF PRIVATE PROPERTY DESTROYED IN THE MILITARY SERVICE OF THE UNITED STATES.

COMPTROLLER GENERAL MMCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, JUNE 25, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 1, 1934, SUBMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A VOUCHER IN THE SUM OF $72.25 IN FAVOR OF LESTER M. DYKE, CAPTAIN, MEDICAL CORPS, UNITED STATES ARMY, COVERING REIMBURSEMENT UNDER THE ACT OF MARCH 4, 1921 (41 STAT. 1436), FOR DAMAGE TO HIS PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED WHILE BEING TRANSPORTED FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C., BETWEEN FEBRUARY 4, 1933 AND FEBRUARY 24, 1933, INCIDENT TO CHANGE OF STATION FROM SCHOFIELD BARRACKS, TERRITORY OF HAWAII, TO ARMY MEDICAL CENTER, WASHINGTON, D.C., UNDER PARAGRAPH 15, SPECIAL ORDERS NO. 249, HEADQUARTERS HAWAIIAN DEPARTMENT, FORT SHAFTER, TERRITORY OF HAWAII, OCTOBER 13, 1932.

IT APPEARS THAT CERTAIN ARTICLES OF FURNITURE WERE PURCHASED BY CAPTAIN DYKE FROM THE DEPARTMENT OF VOCATIONAL TRAINING, PACIFIC BRANCH, UNITED STATES DISCIPLINARY BARRACKS, ALCATRAZ, CALIF.; THAT THIS FURNITURE WAS PACKED AND CREATED BY MEN OF THE DEPARTMENT OF VOCATIONAL TRAINING, ALCATRAZ, CALIF., AND THAT ON FEBRUARY 1, 1933, 16 PACKAGES OF HOUSEHOLD FURNITURE WERE RECEIVED AT FORT MASON, CALIF., FROM THE DEPARTMENT OF VOCATIONAL TRAINING, CONSIGNED TO THE CLAIMANT, ARMY MEDICAL CENTER, WASHINGTON, D.C.; THAT THESE PACKAGES WERE IN APPARENT GOOD ORDER AND CONDITION; THAT THEY WERE STOWED ON THE ARMY TRANSPORT SERVICE PIER, FORT MASON, CALIF., WITH OTHER PROPERTY OF LIKE NATURE; THAT ON THE SAME DATE THE PROPERTY WAS LOADED IN HATCH 5, LOWER HOLD, UNITED STATES ARMY TRANSPORT REPUBLIC, WHICH SAILED FROM SAN FRANCISCO, CALIF., ON FEBRUARY 4, 1933, TO BROOKLYN, N.Y.; THAT THE GOODS WERE RECEIVED AT THE ARMY BASE, BROOKLYN, N.Y., ON FEBRUARY 21, 1933, IN APPARENT GOOD ORDER AND CONDITION; THAT THE PROPERTY WAS TURNED OVER TO THE BALTIMORE AND OHIO RAILROAD FOR SHIPMENT TO SILVER SPRING, MD., ON FEBRUARY 24, 1933; THAT UPON ARRIVAL OF THE GOODS AT SILVER SPRING THEY WERE IN APPARENT GOOD ORDER AND CONDITION, AND THAT ON UNPACKING, THE ITEMS COVERED BY THE CLAIM WERE FOUND DAMAGED.

A BOARD OF OFFICERS APPOINTED UNDER PARAGRAPH 2, SPECIAL ORDERS NO. 145, HEADQUARTERS, ARMY MEDICAL CENTER, WASHINGTON, D.C., JUNE 17, 1933, FOUND, IN PART, THAT FROM THE NATURE OF THE DAMAGE DONE TO THIS FURNITURE, THE DAMAGE WAS DUE TO FAULTY PACKING AND CRATING AND NOT DUE TO ROUGH HANDLING DURING TRANSPORTATION. THIS BOARD RECOMMENDED THAT "AN ADJUSTMENT OF THE ORIGINAL PRICE OF THE FURNITURE BE MADE BY THE DISCIPLINARY BARRACKS, ALCATRAZ, CALIF., TO CAPT. LESTER M. DYKE, TO THE AMOUNT OF $72.75 ($72.25) IN A COMPLETE SETTLEMENT OF THE ACCOUNT.' THIS FIGURE IS THE RESULT OBTAINED BY DEDUCTING FROM THE TOTAL DAMAGE SUSTAINED, $104.75, THE AMOUNT RECOVERED FROM THE BALTIMORE AND OHIO RAILROAD CO; $32.50.

A BOARD OF OFFICERS CONVENED UNDER THE PROVISIONS OF FINANCE OFFICE MEMORANDUM NO. 41, DATED SEPTEMBER 15, 1933, FOUND THAT THE DAMAGE OCCURRED IN TRANSPORTATION INCIDENT TO CLAIMANT'S CHANGE OF STATION ORDERS, AND RECOMMENDED THAT CLAIMANT BE REIMBURSED IN THE AMOUNT OF $72.25.

THE OFFICER'S CHANGE OF STATION ORDERS WERE DATED OCTOBER 13, 1932, AND DIRECTED HIS RELEASE FROM ASSIGNMENT AND DUTY IN THE HAWAIIAN DEPARTMENT, EFFECTIVE ON DATE OF DEPARTURE. HE WAS FURTHER DIRECTED TO PROCEED BY THE ARMY TRANSPORT SAILING FROM HONOLULU ABOUT NOVEMBER 12, 1932, TO SAN FRANCISCO, CALIF., THENCE VIA GOVERNMENT TRANSPORT THROUGH THE PANAMA CANAL TO NEW YORK, AND UPON ARRIVAL IN NEW YORK AND UPON THE EXPIRATION OF ANY FURLOUGH OR LEAVE OF ABSENCE GRANTED HIM TO PROCEED TO ARMY MEDICAL CENTER, WASHINGTON, D.C., FOR DUTY.

THE EVIDENCE INDICATES THAT THE FURNITURE INVOLVED IN THIS CLAIM WAS ACQUIRED AFTER THE EFFECTIVE DATE OF HIS ORDERS. THAT IS, IT APPEARS THAT THE PURCHASE OF SAID FURNITURE FROM THE DEPARTMENT OF VOCATIONAL TRAINING, PACIFIC BRANCH, UNITED STATES DISCIPLINARY BARRACKS, ALCATRAZ, CALIF., OCCURRED AFTER NOVEMBER 12, 1932, CONTEMPLATED DATE OF DETACHMENT FROM DUTY IN THE HAWAIIAN DEPARTMENT, AND BEFORE FEBRUARY 1, 1933, DATE THIS SHIPMENT OF FURNITURE WAS RECEIVED AT FORT MASON, CALIF. IT HAS BEEN HELD THAT SUCH ARTICLES ACQUIRED AFTER THE EFFECTIVE DATE OF ORDERS MAY NOT BE INCLUDED IN THE AUTHORIZED CHANGE OF STATION ALLOWANCE OF BAGGAGE AND ARE NOT WITHIN THE CONTEMPLATION OF THE ACT OF MARCH 4, 1921, SUPRA. SEE A- 41424, DATED APRIL 8, 1932.